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American Petroleum Inst. v. Train

Citation: 5 ELR 20298
No. No. 74-F-864, 7 ERC 1795/(D. Colo., 04/08/1975)

The court dismisses, for lack of jurisdiction, a suit challenging the validity of EPA's guidelines and standards for the petroleum refining point source category promulgated pursuant to the Federal Water Pollution Control Act Amendments of 1972.Plaintiffs' motion for additional discovery is denied since it relates more to the mertis of the action than to the jurisdictional question. The effluent guidelines and standards were issued under § 301 as well as § 304 of the FWPCA, and review of these regulations thus lies exclusively in the Circuit Court of Appeals under § 509(b). Section 5 of the Administrative Procedure Act does not provide an alternative basis for district court jurisdiction, since by its terms it is limited to those situations where review is not provided by statute.

Counsel for Plaintiffs
Frank M. Morison
Robert E. Benson
Holland & Hart
500 Equitable Building
730 17th Street
Denver, Colo. 80202

Counsel for Defendants
James L. Treece U.S. Attorney
U.S. Courthouse
Denver, Colo. 80202